Marler Blog

January 29, 2026

Hey, Infant Formula Industry – It is past time to get your Shit together

This is simply unacceptable. This botulism outbreak, frankly any outbreak that sickens babies, should never have happened. We can do more to protect the most vulnerable. The stork in “operation stork speed” clearly flew into a brick wall and crash landed. This child’s parents bought ByHeart Infant Formula at a Walmart. ByHeart utilized powdered organic […]

April 15, 2008

Illinois Resident Linked to Malt-O-Meal Salmonella Agona

Illinois has joined Maine and Minnesota in naming themselves as locations of ill persons linked to Salmonella Agona tainted Unsweetened Puffed Rice and Puffed Wheat cereal. The U.S. Food and Drug Administration said Saturday that diagnoses of salmonellosis linked with the consumption of Malt-O-Meal cereals have been reported in 14 states. Three people have been […]

April 12, 2008

FDA Announces 23 Ill in 14 States from Malt-O-Meal Salmonella Agona

The Food and Drug Administration (FDA) today announced that at least 23 people in 14 states have been diagnosed with salmonellosis that was caused by the same strain of Salmonella that was found in the recently recalled unsweetened Puffed Rice and unsweetened Puffed Wheat Cereals produced by Malt-O-Meal.  The recalled products were distributed nationally under […]

April 12, 2008

Salmonella Agona Malt-O-Meal Outbreak

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each […]

April 12, 2008

A Full Service Law Firm – “MarlerClarkwear”

Well into the second day of "Who’s Minding the Store" food safety conference here in Seattle.  The only competition seems to be our first sunny day with temperatures reaching 70 and the visit from the Dali Lama.  The hot item at the conference is the Marler Clark hat:

April 11, 2008

UPDATE – Malt-O-Meal Salmonella Agona Cereal Linked to Maine, Minnesota and other State Illnesses

Maine and Minnesota have identified cases of infection with Salmonella Agona.  At least 11 other states report as many as 20 other illnesses.  The onset of illness dates range from January 22 to March 19. Two of the individuals were hospitalized.  All three reported consumption of unsweetened puffed rice or wheat cereals, but at present […]

April 10, 2008

Increase in Foodborne Illnesses is expected today

Today, the CDC will conduct a Media Briefing on new FoodNet Data Dr. Robert Tauxe, Deputy Director, CDC Division of Foodborne, Bacterial and Mycotic Diseases Faye Feldstein, Acting director, Food and Drug Administration’s Office of Food Defense, Communication and Emergency Response Dr. Morris Potter, Lead Scientist for Epidemiology in the FDA’s Office of Food Defense, […]

April 10, 2008

Will Malt-O-Meal Release Salmonella Serotype? Why not?

In 1998, the CDC reported a Multistate Outbreak of Salmonella Serotype Agona Infections Linked to Toasted Oats Cereal — United States, April-May.  During April-May 1998, a total of 11 states reported an increase in cases of Salmonella serotype Agona infections; as of June 8, a total of 209 cases have been reported and at least […]

April 10, 2008

Washington DC Hat-trick

I am still here in DC about to head to this morning’s sessions on FSIS’s attempt to deal with E. coli in our meat supply.  As I said to the group yesterday, I impressed that the FSIS, CDC and the industry are addressing many of the food safety challenges we are facing today.  The agenda […]

April 07, 2008

Food Safety Conference at Seattle University Draws Experts from the US and Abroad

Seattle University School of Law hosts an in-depth conference titled “Who’s Minding the Store: The Current State of Food Safety and How It Can Be Improved” on April 11th and 12th, 2008. Participants include international, national and local representatives of government, the food industry, consumer organizations, scientists, and the media. Recent years have seen a […]

April 05, 2008

Salmonella cases near 400 in Alamosa

As of Friday, the total number of Salmonella cases had reached 372, with 99 stool cultures confirmed and 14 hospitalized.  Within the first week of the salmonella outbreak, as of March 18, 18-20 cases were confirmed through lab testing and another 56 met the clinical definition, but were not lab confirmed.  Four people were hospitalized. […]

April 05, 2008

Salmonella Strikes Malt-O-Meal Cereal Product Again

According to a company press release, Malt-O-Meal announced today that it is voluntarily recalling its unsweetened Puffed Rice and unsweetened Puffed Wheat Cereals produced with “Best If Used By” codes between April 8, 2008 (coded as “APR0808”) and March 18, 2009 (coded as “MAR1809”) because they may have the potential to be contaminated with Salmonella.  […]

April 05, 2008

The Department of Agriculture is on Fire

In what might be the most bizarre headline I have seen in 15 years of following food cases: Cattle heads recalled by USDA The U.S. Department of Agriculture is warning consumers that 406,000 pounds of frozen cattle heads are being recalled by a Kansas meat packer.‚Ä®‚Ä®  The cattle heads are being recalled because tonsils were […]

April 03, 2008

So, I leave home and look what happens:

While I have been gone the State Health Department has found high levels of E. coli bacteria along Bainbridge Island beaches.  Dozens of sites on the south end and in Eagle Harbor also showed elevated levels of E. coli, a type of fecal coliform bacteria.  And, it looks so clean.

April 01, 2008

Cantaloupe Tests Positive for Salmonella, But Not Outbreak Serotype

David Mitchell of The Packer reported “FDA confirms presence of salmonella in melons” Cantaloupe from Agropecuaria Montelibano tested positive for salmonella freetown during the Food and Drug Administration’s traceback investigation of an outbreak of salmonella litchfield. The FDA issued an import alert March 22 after traceback evidence linked product from Honduran grower-shipper Agropecuaria Montelibano with […]

April 01, 2008

Trial Lawyer’s Public Justice Award

I got a call late yesterday from the Executive Director of the Washington State Trial Lawyers Association that I will be receiving the “Public Justice Award” at the May 1 Law Day Diner.  Once again humbled.  It goes to show that if you stick around long enough someone will notice. The award is for “an […]

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